Are electronic signatures legal in West Virginia?

Article 1: the uniform act

The Legislature passed Senate Bill 204 on April 14, 2001, in effect ninety days from passage. Its first article is West Virginia's Uniform Electronic Transactions Act, W. Va. Code §§ 39A-1-1 to 39A-1-17. Under § 39A-1-7, a record, signature or contract can't be denied legal effect just because it's electronic, an electronic record satisfies a writing requirement, and an electronic signature satisfies a signature requirement.

The act applies only between parties who have each agreed to transact electronically, judged from context and conduct (§ 39A-1-5). Section 39A-1-17 declares it an enactment of the 1999 uniform act and an exception to federal preemption under ESIGN section 102 (15 U.S.C. § 7002).

What's excluded

• Laws governing the creation and execution of wills, codicils and testamentary trusts (§ 39A-1-3(b)(1)).
• The Uniform Commercial Code in chapter 46, except sections 1-107 and 1-206 and articles 2 and 2A (§ 39A-1-3(b)(2)).
• Court orders and notices, and official court documents such as briefs and pleadings (§ 39A-2-11(1)).
• Notices of utility shutoff; of default, acceleration, repossession, foreclosure, eviction or the right to cure on a primary residence; of health or life insurance cancellation; and of product recalls that risk health or safety (§ 39A-2-11(2)).
• Documents that must travel with hazardous materials, pesticides or other toxic materials (§ 39A-2-11(3)).

The last three come from § 39A-2-11, which switches off Article 1 for those records.

Excluded records can still be covered when another law governs them (§ 39A-1-3(c)), and every transaction stays subject to other substantive law, such as consumer protection rules.

Article 2: consumer consent

West Virginia wrote the federal ESIGN Act's consumer rules into its own code. When a law requires information about a transaction in or affecting interstate commerce to be given to a consumer in writing, an electronic record satisfies it only if the consumer has affirmatively consented and hasn't withdrawn, after you've given them (§ 39A-2-1):

• A clear statement of their right to paper copies, how to withdraw consent and any fees or consequences.
• Whether the consent covers one transaction or categories of records.
• How to update their contact details and how to get a paper copy later.
• The hardware and software needed, with consent given electronically in a way that shows they can open the format.

Two more Article 2 rules worth knowing: a phone call or a recording of one doesn't count as an electronic record for these consumer disclosures (§ 39A-2-6), and a written contract's electronic version can be denied effect if it can't be retained and accurately reproduced by everyone entitled to keep it (§ 39A-2-10).

Remote notarization

If a law requires notarization, an electronic notarization counts when the notary's electronic signature and required details are attached (§ 39A-1-11). Since 2021, a West Virginia notary located in the state can also perform a remote online notarial act for someone appearing by live audio and video (§ 39-4-37), and a separate section covers remote ink notarization (§ 39-4-38). See remote online notarization. SignMaster doesn't notarize documents.

Practical notes

Agree to sign electronically in writing, give consumers the Article 2 disclosures before sending required notices electronically, and keep a final copy everyone can save (§ 39A-2-10). In SignMaster, each signer sees an electronic signature disclosure and consents before signing, and the consent is stored with the disclosure version. Signers can download the completed PDF and its timestamped certificate of completion.